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BAILEY v. HUTCHINS

No. 07-04-0254-CV.

140 S.W.3d 448 (2004)

Michael BAILEY, M.D., Jan Rowden, P.A., and Methodist Hospital Levelland d/b/a Levelland Clinic, Appellants, v. Jana HUTCHINS, Individually and as Representative of the Estate of Michael Hutchins, Deceased, Appellee.

Court of Appeals of Texas, Amarillo.

July 19, 2004.

Attorney(s) appearing for the Case

Benjamin H. Davidson, Ann Phillips Haag, McCleskey, Harriger, Brazill & Graf, Lubbock, R. Brent Cooper, Diana L. Faust, Cooper & Scully P.C., Dallas, Mark O. Blankenship, Crenshaw Dupree & Milam, L.L.P., Lubbock, for appellants.

Vincent L. Marable III, Paul Webb, P.C., Wharton, J. Wayne Little, Paula Elliott Crow, Crow & Little, Conroe, Thomas J. Turner, Turner & Jordan, Lubbock, for appellee.

Before QUINN, REAVIS, and CAMPBELL, JJ.

Opinion

BRIAN QUINN, Justice.

In this interlocutory appeal, we are asked to determine if the mailbox rule contained in Rule 5 of the Rules of Civil Procedure applies to suits mailed immediately before the effective date of a statute but received thereafter. The statute in question is commonly known as House Bill 4 and found in chapter 74 of the Texas Civil Practice and Remedies Code; it concerns medical malpractice actions. According to the appellants...

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